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      What is cerebral palsy compensation?

      Cerebral palsy refers to a group of conditions caused by brain injuries in infants, leading to physical and sometimes intellectual disabilities. These effects can range from mild to severe.

      If your child’s cerebral palsy happened because of a medical professional’s mistake or negligence, you could be entitled to significant compensation. While no amount of money can make up for the challenges of cerebral palsy, compensation can help with medical costs, lost income, and ongoing care. It also recognises the pain and hardship your family has faced.

      With more than 25 years’ experience in medical negligence claims, we’ll work closely with you to secure the compensation your family deserves.

      Start your free online claim check

      Find out if you’re eligible for a cerebral palsy claim.

      Check your claim nowIt only takes 2 minutes.

      What situations qualify for a cerebral palsy claim?

      Nearly any case of medical negligence resulting in your child developing cerebral palsy could be grounds for a claim.

      In our experience, the most common situations that may qualify are:

      • Not performing a caesarean section when necessary.
      • Failing to monitor the baby’s heart rate during labour.
      • Incorrectly using forceps or a vacuum extractor.
      • Failing to detect and fix umbilical cord issues.
      • Failing to diagnose and treat postnatal jaundice caused by incompatible blood types.
      • Not diagnosing and treating maternal infections, such as rubella or toxoplasmosis.

      This is by no means a complete list — just a few of the claims we’ve won over the years. To discuss whether your situation qualifies for a cerebral palsy claim, contact us today.

      How to prove a cerebral palsy claim

      To make a successful cerebral palsy claim, you’ll need to establish three criteria:

      This could happen because of a doctor, nurse, midwife, or another medical professional’s negligent actions or their failure to act. For example, a negligent action might be incorrectly using forceps during labour. In contrast, a failure to act could involve not performing a c-section when the foetus shows signs of distress.

      To determine if there was a breach of duty of care, we apply the ‘reasonable standard of care’ test. This test asks whether another medical professional, in the same situation, would have acted differently. Several factors are considered as part of the test:

      • Whether the medical professional followed established professional standards and guidelines.
      • Expert testimony from other medical professionals in similar fields.
      • The specific details of your case, including the treatment provided and its context.

      You’ll need to establish that your child’s cerebral palsy developed due to the medical professional’s negligence. This involves proving two main points:

      • Your child’s cerebral palsy is a direct result of the medical professional’s actions or failure to act.
      • It was foreseeable that their actions or inactions could lead to your child developing cerebral palsy.

      You need to show that you and your child have experienced injury and loss. This could involve medical costs, lost wages, or pain and suffering (the negative impact of cerebral palsy on your child’s life).

      It’s often difficult to connect your child’s condition to a medical professional’s actions, especially when the negligence happened years ago. That’s why it’s crucial to have a lawyer who specialises in cerebral palsy claims. With a unique dual expertise in medicine and law, our lawyers can prove negligence even in the toughest cases.

      To strengthen your claim, we team up with our national network of cerebral palsy and birth injury experts. They provide compelling evidence of your child’s condition, how it affects your family, and what they’ll need in the future. This kind of strong evidence is essential for cerebral palsy claims — not only does it clearly link your child’s condition to medical negligence, but it ensures you’re compensated for the full financial and emotional impact on your family.

      Even if years have gone by, you can still file a cerebral palsy claim

      In many states, you can file a cerebral palsy claim even if the medical negligence occurred years ago. Generally, the time limit only begins when you become aware that your child’s cerebral palsy was caused by medical negligence.

      How much compensation can I claim?

      The amount of compensation you can receive for a cerebral palsy claim depends on many factors, such as how severe your child’s condition is, what kind of treatment and care they’ll need going forward, and how their condition affects their daily life.

      Given the serious impact of cerebral palsy, many claims result in large lump sum settlements —sometimes reaching millions or even tens of millions of dollars.

      Depending on your circumstances, your compensation can cover:

      • Lost income: if you've had to reduce your work hours or stop working altogether to care for your child. Additionally, if cerebral palsy affects your child's ability to work in the future, this may also be factored into the compensation.
      • Pain and suffering: this part of the compensation addresses the physical and emotional challenges your child faces because of their condition.
      • Care and support: the cost of professional care or help from family and friends.
      • Medical expenses: this includes not only current medical treatments and travel to appointments but also future medical expenses throughout your child's life.
      • Modifications: any changes needed to your home or vehicle to make them more accessible for your child.
      • Equipment: specialised mobility devices and educational aids your child might need.

      Nadia wins $2.5 million for cerebral palsy due to birth negligence

      Nadia suffered oxygen deprivation at birth, which later resulted in a cerebral palsy diagnosis. We started helping Nadia and her mother when she was 13 years old. After a thorough investigation, we discovered that the midwife and hospital staff were negligent during her delivery.

      To ensure Nadia’s needs were fully understood, we had a child psychiatrist assess both her current and future requirements. We then took the case to the Supreme Court of NSW. In the end, we secured a $2.5 million settlement, plus legal costs, for Nadia and her mother. This significant compensation means Nadia will have the care and support she needs for the rest of her life.

      Read Nadia’s full story

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English
      • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
      View full bio
      Joanne Baker
      Senior Associate
      • English
      • Medical Negligence
      View full bio
      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Lucy Tait
      Solicitor
      • English
      • Medical Negligence
      View full bio
      Daphne Zhuang
      Senior Paralegal
      • English, Mandarin
      • Medical Negligence
      View full bio
      Meet more of the team

      Frequently asked questions

      Typically, cerebral palsy claims are filed by a parent or guardian on behalf of a child under 18. Any compensation awarded is held in trust by the court and used to cover your child’s needs, ensuring their best interests are always prioritised.

      Once your child turns 18, the remaining funds are released to them. However, if your child lacks the mental capacity to manage their own money, the compensation will continue to be held in trust and paid out as needed.

      If you’re a parent or guardian filing a cerebral palsy claim on behalf of your child, you’ll need to do so within a set time limit. The exact deadline varies depending on the state you’re in and the details of your case:

      StateTime limit
      NSW6 years after either:
      • Discovering your child’s cerebral palsy or
      • Their 18th birthday.
      VIC, WA, SA, TAS, NT3 years after either:
      • Discovering your child’s cerebral palsy was caused by medical negligence, or
      • Their 18th birthday.
      QLD, ACT3 years after either:
      • Discovering your child’s cerebral palsy or
      • Their 18th birthday.

      What if I’m already outside the time limit?

      If you’ve missed the deadline to file a cerebral palsy claim, you’ll need to ask the court for an extension. To determine whether you’re eligible, the court will consider factors like:

      • Whether you had access to legal advice.
      • Your efforts to seek medical or legal help.
      • How long the delay has been.
      • The severity of the injuries involved.
      • Any actions by the hospital or medical staff to discourage you from filing a claim.

      It’s important to consult a specialist in cerebral palsy compensation before starting your delayed claim. We can help identify potential exceptions and guide you through the application process. Over the years, we’ve successfully handled many delayed claims for our clients.

      For parents, raising a child with cerebral palsy can have a devastating impact on their lives. While cerebral palsy claims typically focus on seeking compensation for the child, parents may also be entitled to compensation if they’ve developed anxiety, depression, or another recognised psychological illness because of their child’s cerebral palsy. This is known as a nervous shock claim.

      A successful nervous shock claim can provide a lump sum payout to cover:

      • Medical expenses: treatment costs related to your psychological condition.
      • Lost income: if you’re unable to work because of your condition.
      • Pain and suffering: compensation for the negative impact of your condition on your life.

      The amount of compensation varies based on the severity of your condition and its impact on your life.

      If you’re struggling with a psychological illness because of your child’s cerebral palsy, contact us today. Our experienced lawyers can offer free advice and help you explore your options.

      How much will my claim cost?

      Every cerebral palsy claim is covered by our genuine No Win No Fee guarantee, which means:

      • No financial risk: you won’t pay anything unless we win your case.
      • No upfront costs: we take care of all initial expenses, including medical reports and expert fees.
      • Lower legal fees: we typically recover our legal fees from the other party, so you get to keep more of your compensation.
      • 90-day risk-free trial: try our services risk-free for 90 days. If you decide we’re not the right fit, you can cancel without any charges
      Find out more about our fees

      What to expect from your claim

      In a free consultation, you’ll speak with one of our expert cerebral palsy lawyers about your situation. We’ll listen to your story, see if you have a claim, and give you a general idea of what your compensation might be. There’s no pressure to move forward, but if you decide to, you’re covered by our No Win No Fee Guarantee.

      Your lawyer will review your child’s medical records in detail. If necessary, we might have your child assessed by our experts to confirm the diagnosis, its severity, and how it affects your lives. We cover all these initial costs, and you only pay if we win your case.

      We team up with a network of medical professionals to collect expert reports and other essential evidence for your claim. This is crucial for cerebral palsy cases, where long-term care and support are often required. Strong evidence is key to clearly demonstrating the impact of the cerebral palsy and securing the compensation you need.

      Armed with strong expert evidence, we’ll start the court process by filing the required documents and sharing evidence with the other side. Your case will then move to mediation, where we’ll handle all negotiations with the insurer to get you the best possible compensation.

      Most cerebral palsy claims are settled during mediation, so you’ll probably receive your compensation at this stage. But if the insurer isn’t offering you a fair settlement, we’re prepared to take your case to court and fight for the full amount you deserve.

      Get free legal advice

      Find out if you have a claim today.

      Start your claim checkMake an enquiryCall 1300 769 665
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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

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      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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      They were always ready to help with paperwork and answer any questions.

      The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

      Google Posted by Paulina Chapman
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      Easy and supportive define my experience with Monaco.

      My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

      Google Posted by Carol Dillon
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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

      Google Posted by Danial Anderson
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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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      They gave it their all and the result was even better than expected.

      At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

      Google Posted by Stafford Ray
      Leon Monaco & team member

      How we can help you

      For more than 25 years, we’ve helped families affected by cerebral palsy secure the compensation they deserve. As part of our complete service, we always:

      • Ensure your child receives all necessary support and treatment.
      • Provide clear guidance on the claims process and keep you informed every step of the way.
      • Gather compelling evidence to prove medical negligence.
      • Negotiate with the medical professional’s insurer on your behalf.
      • Appeal your claim if it’s denied or if the settlement offer is unfair.
      • Identify your additional entitlements, such as nervous shock or TPD claims.
      • Secure compensation that fully addresses the impact of your child’s condition.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

      View more case results

      $10 million

      Cerebral Palsy Compensation Claims
      Medical Negligence

      Hospital pays substantial settlement to father left unable to walk or talk

      Sam was a working father in sound health prior to undergoing surgery. Improper treatment by hospital staff left him unable to speak, walk or swallow. He requires...

      Read more

      $2.5 million

      Cerebral Palsy Compensation Claims
      Medical Negligence

      Midwife and hospital staff responsible for child’s chronic illness

      Nadia was diagnosed with Cerebral Palsy at 18 months old. Her mother felt the hospital had been negligent during the birth. We helped prove their negligence and...

      Read more

      $2.5 million

      Cerebral Palsy Compensation Claims
      Medical Negligence

      Amy wins significant payout for hospital negligence during surgery — despite being warned of the risks

      After a laparoscopic procedure to remove her ovaries and fallopian tubes, Amy* suffered a perforated bowel, leaving her unable to walk or work. We proved that the...

      Read more

      $1.5 million

      Cerebral Palsy Compensation Claims
      Medical Negligence

      Esther wins $1.5mil settlement after hospital fails to find cancer

      When Esther* went to a public hospital with groin pain, she underwent ultrasounds and x-rays, but the hospital failed to identify a suspicious mass. This negligence led...

      Read more

      $750,000

      Cerebral Palsy Compensation Claims
      Medical Negligence

      Young mother gets payout for improper GP treatment

      Sarah's doctor injured her nerve while attempting to remove a contraceptive implant. She was unable to work or care for her children. We helped Sarah win a...

      Read more

      $230,000

      Cerebral Palsy Compensation Claims
      Medical Negligence

      Client secures out-of-Court settlement for botched surgery

      A botched operation left our client bedridden and in constant pain. She also developed a psychological condition as a result. We proved that the surgeon was liable...

      Read more

      $850,000

      Cerebral Palsy Compensation Claims
      Medical Negligence

      Both dentist and hospital held responsible for poor surgery aftercare

      Liam was left with a painful infection after an improper tooth extraction. He sought treatment at a hospital, but staff there failed to diagnose his condition. Eventually,...

      Read more

      $550,000

      Cerebral Palsy Compensation Claims
      Medical Negligence

      Hospital compensates mother after failing to recognise signs of foetal distress

      Sarah lost oxygen to her brain during childbirth. Hospital staff had failed to recognise early signs of foetal distress and Sarah developed foetal hypoxia as a result....

      Read more

      $550,000

      Cerebral Palsy Compensation Claims
      Medical Negligence

      After Nora’s husband died from bad medical advice, she successfully sued the hospital for her depression

      Nora's husband, Jason, tragically died after a routine colonoscopy. She experienced severe depression after his loss and could not work or care for herself. We helped Nora...

      Read more

      We have the experience you can count on

      98%
      SUCCESS RATE
      25
      YEARS EXPERIENCE
      8,967
      CLAIMS WON
      $650m
      COMPENSATION PAYOUTS

      Hannah's Story

      2:37m watch

      “Monaco got us an upfront payment to ease the financial strain.”

      Get free legal advice

      Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.

      Start your claim check online Call 1300 769 665 Email us